Rules on approving qulification of host institutions to employ foreign cultural

Note: the foreign expert must consult with the host institution about salary and living treatment before coming to China and stipulate such matters in form of attachment of the contract. The salary and living treatment mentioned below are applicable to the general conditions and are probably unfit for the requirement of your host institution or yourself.

1. Salary and treatment
(1) Direct payment monetary salary will be paid monthly by RMB from the day of starting work to the expiration of the contract. In case it is not enough for a whole month, the payment shall be counted by day. The daily wage shall be 1/30 of the monthly salary (February will be the same). No more than 70% of the salary can be changed into foreign currencies monthly. The employed party shall pay the personal income tax in accord with the Personal Income Tax Law of the People’s Republic of China. The starting amount of taxation is RMB 4001. The monthly salary standard for reference: where the expert has got the bachelor degree and the working experience is more than two years, the monthly salary shall be no less than RMB 2500. For those who has got a master degree and the working experience is over three years, the monthly salary shall be around RMB 3500. For those has got a doctor degree and the working experience is over 5 years, the monthly salary shall be about RMB 4000. No more than 70% of the monthly salary can be changed into foreign currencies.

(2) Indirect payment the host institution will guarantee the fundamental living conditions for the foreign expert in China:

*Providing the loading with furniture, bedding, telephone, television, refrigerator, toilet, and heating and cooling facilities.(The lodgings provided to the expert whose employment term is more than half a year (or one semester) shall be equipped with a kitchen.)

*Providing the medical care at public expense. The foreign expert must see the doctor in the foreign-involved hospital appointed by the host institution. If not in the hospital appointed, the expert shall undertake the cost. Such costs as registration, transportation for medical care, tooth inlaying, face lifting, health protection rubdown, glasses, meals in hospital, restorative not for medical purpose, and examination outside the hospital charged shall be undertaken by the expert.

*Paying the traffic expense for and off work or providing proper traffic allowances for the expert whose working place is far from his domicile.

*International airplane ticket(international tourist class airplane ticket of the nearest distance from China to the country of the foreign expert).

*Transportation cost of luggage(deportation transportation price of luggage by air).

Note: since the economic situation of the host institutions may differ, the indirect payment for each foreign expert is probably different. According to statistics, the indirect payment for each foreign expert ordinarily varies from RMB 80,000 to RMB 100,000.

 

2. Working Time, Rest and Holidays

(1) The working time of the foreign expert shall be 8 hours every day, and 5 days every week .

(2) In case the foreign expert is arranged to work overtime, reward above the regular salary in normal work time shall be paid in accord with legal standard.

(3) The foreign expert shall enjoy the following holidays and festivals in China.

New Year’s Day, Spring Festival, Labour Day, National Day and other holidays stipulated by laws and regulations.

(4) The foreign expert may enjoy such festivals and holidays as the followings according to other nationalities and religions:

Two days for Christmas, three days for Butcher Day(Kuerban Day), one day for Meat Diet Resume Day and one day for Water-splashing Festival.

(5) The foreign expert may enjoy the annual holiday with payment. Where the contract term of the foreign expert is one year, the holiday with payment shall be four weeks. Where the expert works in an educational institution and the contract term is one academic year, he may enjoy one holiday (winter holiday or summer holiday) in the institution with payment.

 

3. Sick Leave and Private Affair leave

(1) Request for sick leave by the foreign expert shall be proved by the foreign-involved hospital appointed by the host institution. Where the sick leave amount to less than 30 days in one contract term (one year or one academic year), the foreign expert shall be paid 100% of the salary. In case the leave exceeds 30 days, the host institution is entitled the right to dissolve the contract, or if the contract is not dissolved, the salary will be paid by 70% until the normal work is resumed.

In the contract term, the medical care cost of the foreign expert in the foreign-involved hospital appointed by the local government during errands on business shall be paid by the host institution; the medical cost for private business shall be undertaken by the expert.

In the contract term, the foreign expert shall undertaken the medical cost spent in Taiwan province, Hong Kong SAR, Macao SAR or outside China.

(2) Private affairs leave of the foreign expert shall acquire the approval of the host institution. The host institution may deduct the salary by day. In the contract term (one year or one academic year), the private affairs leave shall not exceed 10 days. The continuous private affairs leave shall be no more than 3 days. Where one day exceeds, salary for two days will be deducted.

In case of absence off work without allowance of the employing party, where absence amounts to one day, payment for 3 days will be deducted. Where the circumstance is serious, the host institution has the right to dissolve the contract and investigate the liability of the foreign expert for violation of the contract.

*How to settle the dispute on the employment contract

(1) The two parties shall seek settlement through friendly consultation.

(2) In case the consultation is not effective, the parties may apply for mediation or Arbitration Committee on Dispute Arising from the Employment Contract for foreign Cultural and Educational Expert established by the State Administration of Foreign Experts Affairs according to the arbitration terms in the standard contract.

(3) Where the contract is not a standard contract and has no arbitration terms, only when the two parties jointly apply for mediation or arbitration can the arbitration committee accept it. The application brought forward by one party alone will not be accepted and each party may sue to the local court.

 

Ⅷ Protection of foreign experts’ intellectual property rights

Great attention is paid to intellectual property rights the important requirements of international exchange of technology, economy, culture and talents. The Chinese government keeps strengthening the making and implementation of laws and tries to create the correct environment for the protection of intellectual property rights.

Foreign expert’ intellectual property rights of patents, works, special techniques and trademarks are respected and protected by the Chinese government. If the expert or his company applies for patent or trademark protection, they will own it and the right to be rewarded. The Chinese government and the departments concerned will maintain the business secrets according to law. The secrets cover designing plans, production processes, formulas, craft, strategies of management, name lists of customers, information of material sources, policies of manufacture and sales, any bids and document. Chinese law forbids illegal acts such as stealing, enticing, threatening or exposing the agreement.

At present Chinese laws concerning the protection of intellectual property rights are mainly the “General Rules of the Citizen Law of the People’s Republic of China”, and the “Trademark Law of the People’s Republic of China”. The “Patent Law of the People’s Republic of China”, the “Contract Law of the People’s Republic of China”, the “Rules of Computer Software Management”, the “Corporation Law of the People’s Republic of China”, the “Foreign Trade Protection Law of the People’s Republic of China”, and the “Commercial Banking Law of the People’s Republic of China”. The “Scientific Fruit Transferring Rules of the People’s Republic of China” also concerns the protection of the intellectual property rights.

The Chinese government has participated in international protective actions of intellectual property rights, the negotiation of important agreements, and has accepted international studies of protecting intellectual property rhights.